Lay evidence in fact-finding hearings – Local Government lawyer

‘A recent decision by the Court of Appeal serves as a reminder of the importance in fact-finding hearings of the evidence of lay parties being considered alongside that given by medical experts, writes Matthew Fiddy.’

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Local Government lawyer, 17th May 2024

Source: www.localgovernmentlawyer.co.uk

What does it mean to be an expert in the person? The Court of Protection decides – Mental Capacity Law and Policy

‘In University College London Hospitals NHS Foundation Trust v HER & Anor [2024] EWCOP 25, Senior Judge Hilder had to consider what (if any) weight to place on the opinion of P’s sister as to her condition and treatment. P, identified in the judgment as HER, was 53 years old, and living in a supported living placement. In her early childhood HER had a stroke-like episode, which had a lasting effect on a large part of her brain. She was described as also having learning difficulties and epilepsy. She had also been diagnosed as having a metabolic disorder, OTC, giving rise to intermittent episodes of acute encephalopathy. HER was experiencing epileptic seizures a few times a month, without warning, and giving rise to risk of sudden unexpected death.’

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Mental Capacity Law and Policy, 14th May 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Proof of continuous residence in the UK – EIN Blog

Posted May 9th, 2024 in citizenship, domicile, evidence, news, visas by sally

‘Once you apply for a settlement (indefinite leave to remain) or for naturalisation as a British Citizen, you are asked to provide proof of continuous residence in the UK as part of the visa application process and you will need to provide evidence that shows that you have been present in the UK for a specific period of time.’

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EIN Blog, 8th May 2024

Source: www.ein.org.uk

Court of Appeal finds judge fell into errors of principle when making finding of ‘inflicted injuries’ – Local Government Lawyer

Posted May 7th, 2024 in care orders, child abuse, evidence, families, judges, mistake, news by tracey

‘The Court of Appeal has allowed an appeal against a judge’s findings that fractures to both the tibias of a 10 month old girl had been inflicted either deliberately or recklessly by either her mother or father.’

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Local Government Lawyer, 2nd May 2024

Source: www.localgovernmentlawyer.co.uk

Jurors behaving badly – Mountford Chambers

Posted May 3rd, 2024 in chambers articles, criminal justice, evidence, juries, news by sally

‘A group of campaigners recently called for the suspension of a circuit judge in a letter to the Lady Chief Justice. The letter alleged that the Judge had warned the Jury they could face criminal prosecution for returning a verdict based on their conscience and not the evidence. Charles Hannaford explores the current legislation governing jurors conduct in England and Wales.’

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Mountford Chambers, 24th April 2024

Source: www.mountfordchambers.com

Rap music used as evidence in scores of trials in England and Wales, study finds – The Guardian

‘Rap and drill music was used as prosecution evidence for serious charges including alleged gang-related murders against at least 252 defendants in England and Wales over a three-year period, a study has found.’

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The Guardian, 30th April 2024

Source: www.theguardian.com

Evidence in a credit hire claim: what does the claimant need to provide? – Five Pump Court Chambers

Posted April 19th, 2024 in chambers articles, damages, evidence, insurance, news by sally

‘Credit hire claims often involve large sums of money, the majority of which is from the credit of the insurer. The exact amount of damages awarded is down, to a large degree, to the discretion of the judge so it is important for the claimant’s legal team to get as much of the evidence watertight before the hearing as possible. From experience at court, there are certain elements of a case which are hard to fix on the day of the hearing, but which can be caught in advance, and lead to a better result for the claimant.’

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Five Pump Court Chambers, 22nd March 2024

Source: www.5pumpcourt.com

Test of dishonesty in Ivey applies to deprivation decisions – EIN Blog

Posted March 12th, 2024 in citizenship, cross-examination, evidence, fraud, news by tracey

‘Ullah v Secretary of State for the Home Department [2024] EWCA Civ 201 (06 March 2024). In a case raising an elementary issue of procedural fairness, the Court of Appeal allowed the appeal of Mr Ullah—a Pakistani national—against the UT’s erroneous decision to dismiss his appeal reversing the FTT’s first instance decision to allow his appeal from the SSHD’s decision to make an order to deprive him of British citizenship.’

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EIN Blog, 12th March 2024

Source: www.ein.org.uk

Court of Appeal allows appeal in challenge to ‘pool finding’ in care proceedings – Local Government Lawyer

Posted February 29th, 2024 in care orders, child abuse, evidence, families, news by sally

‘The Court of Appeal has overturned a Family Court decision concerning an injured child because of a series of legal errors.’

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Local Government Lawyer, 29th February 2024

Source: www.localgovernmentlawyer.co.uk

Case Comment: TUI Limited v Griffiths [2023] UKSC 48 – UKSC Blog

‘In this case, Catherine McAndrew, a Senior Associate in the Insurance and Reinsurance team at CMS, comments on the Supreme Court’s decision in TUI Limited v Griffiths [2023] UKSC 48, which was handed down on 29 November 2023.’

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UKSC Blog, 26th January 2024

Source: ukscblog.com

Criminal review body missed chance to clear Andrew Malkinson in 2013 – The Guardian

‘The organisation responsible for investigating miscarriages of justice missed a major opportunity to reconsider Andrew Malkinson’s case, internal documents suggest.’

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The Guardian, 24th January 2024

Source: www.theguardian.com

Update law on computer evidence to avoid Horizon repeat, ministers urged – The Guardian

‘Ministers need to “immediately” update the law to acknowledge that computers are fallible or risk a repeat of the Horizon scandal, legal experts say.’

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The Guardian, 12th January 2024

Source: www.theguardian.com

Rape complainants warned pre-recording evidence could backfire – BBC News

Posted January 11th, 2024 in evidence, news, prosecutions, rape, statistics, video recordings by sally

‘Rape complainants should be told pre-recording evidence could harm their chances of securing a conviction at trial, researchers say.’

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BBC News, 11th January 2024

Source: www.bbc.co.uk

Junior doctor’s appeal against factual findings of sexual misconduct dismissed and limited weight afforded to good character: Shabir v General Medical Council [2023] EWHC 17 – 2 Hare Court

‘In a judgment handed down on 13 July 2023, Mrs Justice Hill dismissed Dr Shabir’s appeal under s40 of the Medical Act 1983 against the finding of facts of the Medical Practitioners Tribunal (“the Tribunal”) which resulted in his erasure from the medical register.’

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2 Hare Court, 5th December 2024

Source: www.2harecourt.com

Griffiths v. TUI UK Limited: Evidence, Challenge and Fairness – UK Human Rights Blog

‘The central question facing the Supreme Court in Griffiths v TUI UK Limited [2023] UKSC 48 concerned the extent to which a party must put criticisms of a witness’ evidence to him in cross-examination. The Supreme Court made clear that the general rule in civil cases is that a party is required to challenge by cross-examination the evidence of any witness (whether factual or expert) if he wishes to submit that the evidence should not be accepted by the court. Importantly, this rule is not confined to allegations that the witness is dishonest. The rule is, however, a flexible one; it will not always be necessary for every point of challenge to be put to a witness, and in some cases (such as where evidence is “manifestly incredible”) it may not apply at all. Although the Supreme Court gave a conceptually clear answer to the question before it, difficult practical issues are likely to continue to arise for trial advocates who wish to challenge factual or expert witness evidence.’

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UK Human Rights Blog, 3rd January 2024

Source: ukhumanrightsblog.com

Griffiths v TUI [2023] UKSC 48: The Supreme Court unanimously agrees with MC Hammer – “U can’t touch this” – St John’s Chambers

‘The Supreme Court today handed down its long-awaited judgment in the case of Griffths v TUI [2023] UKSC 48. It is a thorough, important, and helpful statement (or, depending on one’s view, re-statement) of the laws and rules of evidence, what must be put to a witness before that evidence can be challenged in closing submissions, and the limits on any Judge’s power to dismiss relevant evidence which has not been challenged (or challenged sufficiently) at trial. At the heart of the judgment is the Court’s assessment of what it means for the parties to have a fair trial.’

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St John's Chambers, 29th November 2023

Source: www.stjohnschambers.co.uk

Remote Evidence from Overseas – International & Travel Law Blog

Posted December 21st, 2023 in civil procedure rules, evidence, news, remote hearings, witnesses by sally

‘[T]his blog post by James Pickering is a reminder of the key principles for overseas witnesses giving remote evidence voluntarily. Other situations are governed by the Letters of Request procedure (which is helpfully outlined in the King’s Bench Division Guide 2023 at Section 20).’

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International & Travel Law Blog, 10th November 2023

Source: internationalandtravellawblog.com

UK Supreme Court ruling clarifies fair treatment of expert evidence at trial – OUT-LAW.com

Posted December 7th, 2023 in contracts, evidence, expert witnesses, holidays, news, Supreme Court by michael

‘A decision by the UK Supreme Court has made it clear that the principle of fairness in relation to expert evidence means a party should not entirely reserve its criticisms of an expert’s evidence for closing submissions.’

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OUT-LAW.com, 6th December 2023

Source: www.pinsentmasons.com

Refusal of tribunal to adjourn for aftercare evidence was “kicking the can down the road”, Upper Tribunal finds – Local Government Lawyer

Posted November 28th, 2023 in adjournment, detention, evidence, mental health, news, tribunals by tracey

‘The Upper Tribunal has allowed an appeal on all three grounds against a decision by the First Tier Tribunal to refuse an application for an adjournment to obtain evidence regarding aftercare.’

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Local Government Lawyer, 27th November 2023

Source: www.localgovernmentlawyer.co.uk

‘It risks miscarriages of justice’: MPs oppose rap lyrics being used as evidence in UK trials – The Guardian

Posted November 23rd, 2023 in artistic works, criminal justice, evidence, media, miscarriage of justice, news by sally

‘The lawyer Shami Chakrabarti, the DJ Annie Mac and Labour MPs Nadia Whittome and Kim Johnson are among the figures lending support to a new campaign to change how rap lyrics are used as evidence in UK criminal hearings.’

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The Guardian, 22nd November 2023

Source: www.theguardian.com